| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
National Assembly |
| Related chamber (for bicameral parliaments) |
Senate
|
|
POLITICAL SYSTEM
|
| Type of political regime |
presidential |
| Notes |
The President is the Head of State, the head of the Government and the commander-in-chief of the defence forces (Article 27 of the Constitution). |
| Head of the executive |
President of the Republic |
| Notes |
The President takes precedence over all other persons. There may be up to two vice-presidents who assist the President in the discharge of his functions and who perform such other such functions, including the administration of any parliamentary act, or any act of any ministry or department as the President may assign to them (Article 31C of the Constitution). The cabinet consists of the President, the vice-presidents and such ministers as the President may from time to time appoint (Article 31G of the Constitution). |
| Method for appointing the executive |
The election of the President is direct by universal adult suffrage and by secret ballot. Vice-presidents are appointed by the President (Article 31C of the Constitution), as are the ministers and deputy ministers (Article 31D of the Constitution). |
| Term of office of the executive and coincidence with the term of the legislature |
The term of office of the President is six years (Article 29 of the Constitution), and does not coincide with the term of the legislature of five years. |
| Incompatibility of the functions of member of the executive and member of Parliament |
No |
Members of the Government must be parliamentarians. No person may hold office as vice-president, minister or deputy minister for longer than three months unless he or she is a Member of Parliament (Article 32E.2 of the Constitution). |
| Dissolution of Parliament |
Yes |
|
|
|
The President may at any time prorogue or dissolve Parliament (Article 63 of the Constitution). |
|
|
Any prorogation or dissolution of Parliament is made by proclamation in the gazette and, in the case of a dissolution, takes effect from the day preceding the day or first day, as the case may be, fixed by proclamation for the holding of a general election. On the dissolution of Parliament all proceedings pending at the time are terminated and accordingly every bill, motion, petition or other business lapses. A general election is held on such day or days within a period not exceeding four months after the issue of dissolving Parliament has arisen, as prescribed by the President. Parliament has not been dissolved between 1990 and 2000. |
|
ACCOUNTABILITY
|
| Accountability of Government to Parliament |
Yes |
Government accountability to Parliament is collective. |
| Modalities of oversight |
- Oral and written questions of parliamentarians
|
Government accountability to Parliament is brought into play by oral and written questions put to ministers. |
- Government reports to Parliament
|
The President may at any time address Parliament, and a vice-president, minister or deputy minister has the right to sit and speak in Parliament. |
| Measures |
- Vote of confidence on Government programs and/or legislative proposals
|
Not applicable |
| Motions of censure and votes of no confidence (sub-report) |
|
|
Parliament may pass a vote of no confidence in the Government (Article 31F of the Constitution). |
|
|
Parliament may pass a vote of no confidence in the Government by a resolution supported by the votes of not less than two-thirds of all its members. A motion for such a resolution may not be moved in Parliament unless (i) not less than seven days' notice of the motion has been given to the speaker, and (ii) the notice of the motion has been signed by not less than one-third of all the members of Parliament, and may be debated within 21 days after the receipt by the speaker. |
|
|
Where a vote of no confidence is passed by Parliament, the President may within 14 days (i) dissolve Parliament, or (ii) remove every vice-president, minister and deputy minister from office unless he or she has earlier resigned as a consequence of the resolution, or (iii) himself or herself resign his or her office. No motions have occurred between 1990 and 2000. |
| Dismissal and/or impeachment of Government and other public officials (sub-report) |
- Circumstances and persons concerned
|
The President may not, while in office, be personally liable to any civil or criminal proceedings whatsoever in any court (Article 30 of the Constitution). However, it is lawful to institute civil or criminal proceedings against a person after he or she ceases to be President, in respect of things done or omitted by him or her (i) before he or she became President, or (ii) in his or her personal capacity during his or her term of office. Parliament can also recommended the removal of the President on the grounds (i) that he or she has acted in wilful violation of the Constitution, or (ii) that he or she is incapable of performing the functions of his or her office by reason of physical or mental incapacity, or (iii) of gross misconduct. Finally, a Parliamentary Privileges Committee can be set up to investigate any member of Parliament, including cabinet ministers. |
|
|
The President ceases to hold office if a report prepared by a parliamentary committee, appointed by the Speaker upon the request of not fewer than one-third of all its members, has recommended the removal of the President, and the Members of Parliament have resolved by the affirmative votes of not less than two-thirds of their total number that the President should be removed from office. |
|
|
The President or any other person ceases to hold office if a resolution is passed in Parliament. No impeachment procedures were initiated between 1990 and 2000 |
- Have these procedures been applied?
|
|
|
|
OVERSIGHT OVER THE ACTIONS OF THE GOVERNMENT ADMINISTRATION
|
| Oversight over the actions of the Government administration |
Yes |
The Parliament exercises oversight over the actions of the Government. |
| Means and modalities of oversight |
|
|
Not available |
- Committees of inquiry and missions to Government departments
|
Not available |
- Oral and written questions of parliamentarians
|
Parliamentarians can put oral and written questions to ministers. There are weekly sessions for oral questions without notice and written questions with notice. Two hours of parliamentary sessions a week are set aside for questions. If a member is dissatisfied with a reply given, he or she can ask a supplementary question. In answering questions, ministers can make commitments that are then followed up by portfolio committees. |
- Role of Parliament in the appointment of senior Government officials
|
Not applicable |
- Activity reports of the Government administration and of public services or establishments
|
The Government and other public services are required to submit annual activity reports and accounts statements to Parliament. |
- Representation of Parliament in governing bodies of the Government administration
|
Not applicable |
| Existence of an ombudsman |
Yes |
|
- Method for appointing the executive
|
The ombudsman and, where the President has deemed it desirable, a deputy ombudsman, whose offices are public but do not form part of the public service, are appointed by the President after consultation with the Judicial Service Commission (Article 107 of the Constitution). If such appointment is not consistent with any recommendation made by the Commission, the President informs Parliament as soon as is practicable. The deputy ombudsman (i) assists the ombudsman in the exercise of his functions and duties and the ombudsman may authorize him or her to exercise any of his or her functions or duties on his or her behalf, (ii) acts as ombudsman whenever the office of the ombudsman is vacant or he or she is for any reason unable to perform the functions of his or her office. |
- Relationship to Parliament
|
The ombudsman may investigate action taken by any officer or authority in the exercise of the administrative functions of that officer or authority in any case where it is alleged that a person has suffered injustice in consequence of that action and it does not appear that there is any remedy reasonably available by way of proceedings in a court or on appeal from a court. |
|
BUDGETARY OVERSIGHT
|
| Consultation of Parliament in the preparation of the national budget
|
Yes |
The Parliament is consulted in the preparation of the national budget through pre-budget seminars. The Minister of Finance prepares and presents before Parliament, before or not later than 30 days from the start of each financial year, estimates of the revenue and expenditure for that financial year, provided that, if, by reason of the prorogation or dissolution of Parliament, the provisions of this subsection cannot be complied with, then the estimates are presented to Parliament on a day on which it sits not later than 30 days after the date on which the Parliament first meets thereafter (Article 103 of the Constitution). |
| Modalities of oversight |
- Examination of the budget / finance act by Parliament
|
When the estimates of expenditure (other than the expenditure charged to the consolidated revenue fund) have been approved by Parliament, a bill, known as an appropriation bill, is introduced into Parliament. It provides for the issue from the consolidated revenue fund of the sums necessary to meet the expenditure as well as the appropriation of those sums under separate votes, for the several heads of expenditure approved, for the purposes specified therein. If in respect of any financial year it is found that the amount appropriated by that act for any purpose is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated, a supplementary estimate showing the sums required presented to Parliament and, when such estimates have been approved by Parliament, a supplementary appropriation bill is introduced into Parliament providing for the issue of such sums from the consolidated revenue fund and the appropriation of those sums, under separate votes, for the several heads of expenditure approved, for the purposes specified therein. |
- Reports on the budget / finance act by Committees
|
Not available |
| Fields overseen |
|
|
Parliament exercises oversight over all public funds. |
- Budget of special departments
|
Parliament exercises oversight over all public funds. |
- Role of Parliament in national development plans
|
National development plans are tabled in Parliament for the members' information. |
| Parliament's deadline for the examination and adoption of the budget / finance act |
After the adoption of the report of the Committee of Supply, the debate should not exceed 85 hours. |
| Consequences of failure by Parliament to adopt the budget / finance act |
If Parliament fails to adopt the finance act, this would be considered as a vote of no confidence. However, an act of Parliament may make provision under which, if the appropriation act in respect of any financial year has not come into operation by the beginning of that financial year, the President may authorize the withdrawal of moneys from the consolidated revenue fund for the purpose of meeting the expenditure necessary to carry on the services of the Government during the period commencing with the beginning of that financial year and expiring four months thereafter or on the coming into operation of the act, whichever is the earlier, provided that (i) the aggregate of all moneys so authorized to be withdrawn do not exceed one-third of the sums included in the estimates of expenditure for the preceding financial year that have been laid before Parliament, and (ii) any moneys so withdrawn are included in the Appropriation Act under separate votes and are accounted for in accordance with the provisions thereof. |
| Budgetary autonomy of Parliament |
Yes |
Parliament has its own budget, which is administered by the Clerk of Parliament. |
|
OVERSIGHT OF THE IMPLEMENTATION OF THE BUDGET AND OF GOVERNMENT SPENDING
|
| Evaluation of Government spending |
| Parliament approves Government expenditures annually |
Yes |
Not applicable |
| Parliamentary oversight of public companies |
No |
Parliament exercises oversight over public companies through regular portfolio committees. |
| Modalities of oversight |
- Body for auditing the Government's books and method for appointing
|
The Comptroller and the Auditor General, whose offices are public office but who do not form part of the public service, are appointed by the President after consultation with the Public Service Commission (Article 105 of the Constitution). If the appointment of a Comptroller and Auditor General by the President is not consistent with the recommendation of the Commission, the President informs Parliament as soon as is practicable. A person may not be qualified to hold or act in such office unless he or she has held the post of Secretary, Deputy Secretary or Under Secretary of a ministry or a post in the public service of a grade equivalent to or higher than that of under secretary for periods which amount in the aggregate to at least five years. The Comptroller and Auditor General may only be removed from office by the President if Parliament has resolved by the affirmative votes of more than one-half of its total membership that he be removed for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehaviour. |
- Reports of the public auditor's office
|
Public accounts and all accounting officers, receivers of revenue and other persons entrusted with public moneys or property of the State must at least once in every financial year be examined, audited and reported on by the Comptroller and Auditor General on behalf of Parliament, provided that if he or she is of the opinion that it would not be appropriate or expedient for him or her to examine and audit any particular account or fund or any particular class of documents, he or she may, by notice in writing, inform the speaker and the Minister for Finance of his opinion and, unless otherwise directed by Parliament, he or she must not make any examination, audit or report in relation thereto.
It is the duty of the Comptroller and Auditor-General to satisfy himself or herself that (i) all moneys that have been appropriated by Parliament and disbursed have been applied to the purposes for which they were so appropriated and that the expenditure conforms to the authority that governs it, and (ii) all reasonable precautions have been taken to safeguard the collection of all fees, taxes and other revenues of the State and to safeguard and control the property of the State. He or she and any officer authorized by him or her have access to all books, records other documents that, in his or her opinion, relate to any of the accounts and other property of whatever kind that he or she considers it necessary to inspect and that is in the possession of any employee or authority of the State. The Comptroller and Auditor General submit every report they make to the Minister of Finance who presents it to Parliament on one of its seven days of sitting. In the exercise of his functions, the Comptroller and Auditor General may not be subject to the direction or control of any person or authority other than Parliament. |
|
|
The Government regularly reports to Parliament on its spending through quarterly reports by the Minister of Finance and scrutiny of them by the Public Accounts Committee and other portfolio committees. |
|
OVERSIGHT OVER FOREIGN POLICY
|
| Foreign Relations Committee (sub-report) |
- Functions of the Committee
|
The Parliament exercises oversight over foreign policy through the Foreign Relations Committee. |
|
|
The Committee shadows the Ministry of Foreign Affairs like any other portfolio committee. |
- Composition of the Committee
|
Not available |
- Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad
|
Not available |
- Plenary debates on foreign policy issues
|
Not available |
| Involvement of Parliament |
- Participation of Parliament in inter-governmental meetings
|
Not available |
- Modalities and procedures for ratifying international treaties and agreements (sub-report)
|
The President has the power to enter into international conventions, treaties and agreements (Article 31H of the Constitution). Any convention, treaty or agreement acceded to that is concluded by the President with one or more foreign States or Governments or international organizations (i) is subject to approval by Parliament and (ii) may not form part of the law unless it has been incorporated into it by Parliament (Article 111B of the Constitution). Any agreement, which has been concluded by the President with one or more foreign organiza-tions, corporations or entities, other than a foreign State or Government or an international organization, and which imposes fiscal obligations, is subject to approval by the Parliament. These provisions do not apply to (i) any convention, treaty or agreement, or any class thereof, which the Parliament has declared do not require its approval or any convention, treaty or agreement whose subject-matter falls within the scope of the prerogative powers of the President, unless their application or operation requires (i) the withdrawal or appropriation of moneys from the consolidated revenue fund, or (ii) any modification of the law. |
- Other mechanisms for participation in foreign policy by Parliament
|
There are no other parliamentary oversight mechanisms in addition to the above. |
|
OVERSIGHT OVER NATIONAL DEFENCE POLICY
|
| National Defence Committee (sub-report) |
- Functions of the Committee
|
Not available |
|
|
Not available |
- Composition of the Committee
|
Not available |
| Parliamentary oversight of public arms manufacturing companies |
Not available |
| Circumstances and involvement |
- Modalities and procedures in case of war, an armed attack or a state of emergency
|
The President has the power to proclaim and to terminate martial law, and to declare war and to make peace (Article 31H of the Constitution). The President may at any time, by proclamation in the gazette, declare in relation to the whole country or any part thereof that (i) a state of public emergency exists, or (ii) a situation exists which, if allowed to continue, may lead to a state of public emergency (Article 31J of the Constitution). |
- Role of Parliament in sending troops abroad
|
Not available |
- Other mechanisms for participation in national defence policy by Parliament
|
Not available |
|
STATE OF EMERGENCY
|
| Circumstances |
The President has the power to proclaim and to terminate martial law, and to declare war and to make peace (Article 31H of the Constitution). The President may at any time, by proclamation in the gazette, declare in relation to the whole country or any part thereof that (i) a state of public emergency exists, or (ii) a situation exists which, if allowed to continue, may lead to a state of public emergency (Article 31J of the Constitution). Such declaration, if not sooner revoked, ceases to have effect at the expiration of a period of 14 days from the day of its publication in the gazette, unless the declaration is approved by parliamentary resolution, provided that, if Parliament is dissolved during the period of 14 days, the declaration ceases to have effect within a period of 30 days beginning with the day of publication of the proclamation in the gazette unless, before the expiration of that period, the declaration is approved by parliamentary resolution.
Where a declaration (i) is not approved by resolution, the President revokes forthwith after the Parliament has considered the resolution and has failed to approve it or, if the Parliament has not considered the resolution on the expiration of the appropriate period, the declaration is announced in the gazette, or (ii) is approved by a resolution, the declaration continues in effect for a period of six months beginning with the day of its publication in the gazette, provided that, where Parliament has specified in the resolution that the declaration continues in effect for a period of less than six months, the President ensures that the declaration is revoked when the period specified expires. If Parliament resolves that it considers it expedient that a declaration should be continued for a further period not exceeding six months, the President extends the declaration for such further period as may be so resolved. Notwithstanding any other provision, Parliament may at any time (i) resolve that a declaration should be revoked, or (ii) resolve that a declaration should relate to a lesser area as specified by Parliament, and the President revokes the declaration or provides that the declaration relates to such a lesser area.
Parliament may at any time resolve, in relation to the whole country or any part thereof, that a situation exists which (i) if allowed to continue, may lead to a state of public emergency, and (ii) may require the preventive detention of persons in the interests of defence, public safety or public order. Such resolution has effect for a period of one year beginning with the day on which it is passed, unless Parliament has specified otherwise. Parliament may continue a resolution for a further period not exceeding one year. Parliament may at any time resolve that such a resolution ceases to have effect, or that such a resolution relates to a lesser area as specified by Parliament. In any of all these cases, no resolution is duly passed unless it receives the affirmative votes of more than half of the total membership of Parliament. |
| Can parliament take the initiative to declare a state of emergency |
Yes |
|
| Consequences of a state of emergency for Parliament |
At any time when the country is at war, Parliament may from time to time extend its term by not more than one year at a time, provided that such a period is not extended for more than five years (Article 63 of the Constitution). At any time when there is in effect a declaration of public emergency, Parliament may from time to time extend its term not more than six months at a time, provided that such period is not be extended for more than one year. |
|
VERIFICATION OF THE CONSTITUTIONALITY AND THE APPLICATION OF LAWS
|
| Modalities of oversight |
- Body ruling on the constitutionality of laws
|
Parliament or one of the Chambers |
Parliament rules on the constitutionality of laws on the recommendation of the Parliamentary Legal Committee. The Committee on Standing Rules and Orders appoints a Parliamentary Legal Committee as soon as practicable (Article 40A of the Constitution). The Committee consists of a number of parliamentarians, other than members of the cabinet, that amounts to not less than three, and as the Committee on Standing rules and orders may determine, the majority of whom are legally qualified. A person is legally qualified for this purposes if he or she (i) has been a Judge of the Supreme Court or the High Court, or (ii) is and has been for not less than five years, whether continuously or not, qualified to practise as a legal practitioner in the country, or (iii) has been a magistrate in the country for not less than five years, or (iv) possesses such legal qualifications and has such legal experience as the Committee on Standing Rules and Orders considers suitable and adequate for his appointment to the Parliamentary Legal Committee. |
|
|
The Parliamentary Legal Committee examines (i) every bill, other than a constitutional bill, which has been introduced into Parliament, (ii) every bill, other than a constitutional bill, which is amended after its examination by the Committee, before the bill is given its final reading in Parliament, (iii) every draft bill transmitted by a minister to the Secretary to Parliament for reference to the Committee, (iv) every statutory instrument published in the gazette, and (v) every draft statutory instrument transmitted by the authority empowered to make it to the Secretary to Parliament for reference to the Committee, and reports to Parliament or the minister or authority, whether in its opinion any these provisions would, if enacted, be or is in contravention of the declaration of rights or any other provision of the Constitution (Article 40B of the Constitution). |
| Evaluation of laws |
No |
Not applicable |
| Measures |
|
Compare data for parliamentary chambers in the Oversight module
